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ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 <br />ZONING FILE #1497 - TOBERMAN CONTINUED • <br />say that the property must be residential renders it useless. <br />The City has some options in that regard and could opt to condemn <br />it. <br />The Planning Commission voted unanimously to have the use <br />granted in 1987 continue. I researched the history on the <br />property to try to determine why this matter was before the City. <br />The 1987 Conditional Use Permit was still in effect as far as we <br />were concerned. My client informed me that the City staff <br />advised him that the permit needed to be renewed. The <br />allegations are that there has been a lapse in use for one <br />continuous year. That means that for 365 days there was no use of <br />this property for marina- related purposes, boat or nautical <br />sales. There are no facts in the record to support those <br />allegations. The facts will support that there is a decreased <br />use which was due to the low lake level. There was nominal use <br />of the property. Ply client has had a phone and phone number for <br />that site since he has owned the property. He has conducted his <br />marina business from the property and has held meetings there. <br />tir. Toberman has improved the property and did remove the gas <br />tanks and gas lines. <br />I am asking the Council to reverse its previous decision and <br />grant my client continued use of the property for marina - related <br />purposes." <br />Mayor Grabek asked Mr. Gilbert who the party is that wishes • <br />to purchase the marina property. <br />Mr. Gilbert replied, "Morrie Wagner made a very substantial <br />offer, over $1,500,000.00. The lake levels are up and he is <br />willing to take a chance with the property. However, he does <br />want 1960 Shoreline Drive included in the deal." <br />Nettles asked how Mr. Wagner intends to use the transmission <br />shop. <br />Mr. Gilbert replied, "He would use it for marina - related <br />business. He would conduct sales from the premises. He would <br />have staff there and would sell boats and nautical equipment." <br />Nettles said, "I am interested in the representations that <br />the property has been used. I live close to that property and <br />have talked with neighbors that would not share that opinion. I <br />know that there has been no activity there until the City took <br />action this past spring. I would like Mr. Toberman to tell us <br />when the meetings took place.., who attended and what business was <br />being conducted." <br />Air. Gilbert replied, "Mr. Toberman is prepared -to do that, <br />but I do not believe that is a standard we have to meet. We do • <br />6 - <br />